Dumas, TX Estate Planning Law Firms & Lawyers

This depends entirely upon the laws of the state they live in. Many states impose liability for medical debt upon the spouse. Some states impose the liability upon children as well. So it depends upon their state's laws.

It's probably the most common pattern, but it all depends on what the person who created the trust desired. Unfortunately, sometimes a person will just follow a form pattern without someone explaining exactly what is happening. Hopefully that did not happen here. A spouse might be provided for it, for example, the person creating the trust was very close to him/her, and wanted the spouse to receive something regardless of whether she remained married to the descendant.

I'm not entirely sure I understand your question, but I gather that you and your spouse are separated and living in Texas. In the event that you purchase a home in your sole name, that property will be considered community property because you bought it while being married. If you'd like to buy a house on your own and have it be considered your sole and separate property, you need to get a divorce from your spouse and then buy the home.